Current Russian Legislation Research Articles

THE ISSUE OF WAQF IN THE CONTEXT OF THE ESTABLISHMENT OF MUSLIM INSTITUTIONS IN POST-SOVIET TATARSTAN

The importance of the issue under study is specified by the increasing significance of the religious factor in the social, political, religious and cultural life of the global community and of Russia in the 21st century. The aim of the article is to find out and analyze the tendencies of the development of the Waqf system among Tatars at the end of the 20th and at the beginning of the 21st centuries, to determine the possibilities of religious institutions’ financing by means of engaging and adapting such traditional instruments as Waqf to modern conditions. The main method of the research is historical and comparative, when the existence of Waqf property in the Russian Empire until 1917 is compared with the modern state in this sphere according to current Russian legislation. The article highlights the impossibility of unimpaired operation of the institution of Waqf under the conditions of a secular state. Furthermore, the author offers ways of legitimizing separate principles of Waqf in the framework of current Russian legislation. The article may be useful for the further study of institutional history of Russian Islam, as well as in modern social discussions about the role of religion in secular spaces, and also in forming scientific and methodological, regular and legal frameworks to improve government policy concerning religion.

Legal Status of the Northern Sea Route and Legislation of the Russian Federation: A Note

This article addresses the legal status of the Northern Sea Route (NSR) from a historical perspective and in accordance with the current Russian legislation and provides some answers to the questions of how the legal status of the NSR conforms with the norms of contemporary international law of the sea and, in particular, with the 1982 UN Convention on the Law of the Sea.

Issue of Waqf in the Context of Establishment of Muslim Institutions in the Post-Soviet Tatarstan

The importance of the issue under study is specified by the increasing significance of the religious factor in the social and political, religious and cultural life of global community and Russia in the 21st century. The aim of the article is to find out and analyze the tendencies of the development of Waqf system among Tatars at the end of the 20th and at the beginning of the 21st centuries, to determine the possibilities of religious institutions’ financing by means of engaging and adapting such traditional instruments as Waqf to the modern conditions. The main method of the research is historical and comparative method, at the example of successful existence of Waqf property in the Russian Empire until 1917. Previous experience is compared with the modern state in the realities of the current Russian legislation. The article highlights the impossibility of the unimpaired operation of Waqf institution in the framework of available legal base and in the conditions of secular state. Alongside with this there offered ways of legitimization of separate principles of Waqf institution in the framework of current Russian legislation. The article presents the results indicating historical experience of the functioning of Waqf among Tatar in the past, rather successful existence of Waqf in the sovereign Tatarstan in the 1990s in the framework of local legislation, as well as failed attempts of the local authorities to solve the issue of Waqf property in the federal and all-Russia level. The article materials might be useful in the further study of institutional history of Russian Islam, as well as in modern social discussions about the role of religion in the secular space, and also in forming scientific and methodological, regulatory and legal framework to improve government policy about religion.

Совершенствование российского законодательства в сфере ответственности Правительства Российской Федерации

It is an obvious fact that under the conditions of major changes and reforming in political, legal, economic and other spheres of functioning of the Russian state, the issues of degree and levels of governmental liability to civil society for the adopted decisions come to the fore. That is why this article analyzes perspectives of parliamentary responsibility of the government, its legislative enforcement and legal regulation. The article proves that the current Russian legislation often contains the norms that are characterized by instability and inconsistency, formalizing the issues of government responsibility before the parliament; in practice, the parliament supervisory powers, carried out in relation to the government activity, look quite inconsistent. Therefore the authors offer their vision of the solution of the abovementioned problems with the aim of formation of well thought out scientific basis and development of this important constitutional law institute.

Защита прав законных владельцев при наложении ареста на имущество

This article is devoted to the analysis of the current Russian legislation, the theory and practice of judicial protection of the rights of legal owners when applying of security measures by the bailiff - performer in respect of their property. The article presents the ratio of concepts such as «exemption of property from impose arrest» and «exemption of property from arrest», «exemption of property from arrest» and «exclusion of property from property inventory». The author considers the ways to protect the legitimate owners when imposition of impose arrest of property. The main attention is paid to the problem of defining the legal nature of the lawsuit about the exemption of property from arrest or its exclusion of property from property inventory. On the basis of study of scientific approaches to this problem, the existing arbitration practice, the author singles the distinctive features that characterize a special way to protection of legitimate rights when imposition of impose arrest of property. The article listed the shortcomings of the current legislation, the lack of unity of views theorists and rather conflicting arbitration practice.

Extending the Scope of Antitrust Legislation Over the Area of Exclusive IP-Rights Exercise: Evidence from Russia

This paper deals with the issues of competition law and IP law interaction. Current Russian legislation provides absolute immunity from extending the antitrust prohibitions over the exercise of exclusive IP-rights. The idea of the article is that this approach needs to be revised. Russian court practice, legal doctrine and economic theory necessitate more flexible antitrust regulation in the area of IP. The analysis of US, EU, and Japanese models of legal regulation has revealed different approaches to the issues of antitrust policy in this field of social relations. Therefore, this paper suggests a different concept of regulation – keep the general immunity from the application of antitrust prohibitions to rightholders, but make it conditional. At the same time, in order to ensure the optimal balance between private and public interests and to maintain the incentives for innovative activity, antitrust legislation should provide a system of guarantees for rightholders.

“Social Importance of Documents”: Problem of Criterion Determination and Recording in the Federal Legislation on Legal Deposit

There are characterized the main and common qualities and properties for printed and electronic documents, including criteria of classification, such as material form of the data carrier, its content (subject), purpose (function), reader's address and language. All these criteria are actual in the current Russian legislation on legal deposit. There is proved the necessity of introduction of one more criterion of classification of legal deposit of any document, and especially of printed book editions, which is the criterion of its social significance.

The implementation of international humanitarian law in the Russian Federation

The object of this article is to identify several issues pertinent to impie-mentation of international humanitarian law in the Russian Federation. It first examines the relevant provisions of the Russian Constitution of 1993 and discusses the extent to which they provide for the incorporation of international norms. An overview of current Russian legislation is then given, focusing on some specific examples of legislative incorporation of international humanitarian law. That overview will not be confined to laws adopted solely by the Russian parliament. References to international law and more specifically to international humanitarian law can also be found in military field manuals that are binding on the Russian armed forces and other uniformed armed services. Finally, a notable case decided by the Russian Constitutional Court in 1995 with regard to the implementation of international humanitarian law is discussed. In its decision, the supreme body of judicial review in the Russian Federation made remarkable references to the Additional Protocol II of 1977 to the Geneva Conventions of 1949.1

Конституционная категория «управление делами государства»: проблема определения и содержания

The paper analyzes the problems of definition and content of the constitutional category of «managing state affairs». It is noted that the current Russian legislation and national legal science lack a monosemantic interpretation of the constitutional construction «state affairs», there is no clear system of forms of citizens’ participation in managing state affairs and their reasonable comprehensive classification. On the basis of analysis of normative legal acts using the legal construction of «state affairs», the author attempts to reveal its constitutional nature and to formulate her own definition.

The ICC and Russian Constitutional Problems

The Statute of the International Criminal Court (the ICC Statute) has not yet been submitted to the Russian parliamentary chambers, the Duma, and the Council of the Federation. However, an Inter-Agency Panel led by the Ministry of Justice has been set up, with a view to drafting amendments to current Russian legislation and facilitating Russia`s cooperation with the ICC. Major problems standing in the way of Russia`s ratification include certain provisions of Russia`s Constitution, which, for instance, do not provide for an international court substituting national courts, and lay down the right to jury trial and the right to seek pardon. However, there are various ways of reconciling the Constitution with the ICC Statute. In short, there are no insurmountable legal hurdles to harmonizing the Russian Constitution and laws with the ICC Statute: the question of Russia`s ratification is mostly a question of political will.

The Russian Way of Self-Determination of the Aboriginal Peoples of the North: Hypotheses for Development

Current Russian legislation contains a certain legal basis for securing the status of small-numbered aboriginal peoples, but does not meet the demands of aboriginals and their public organizations for the legal securing of their rights to land and self-government. The aboriginal community in Russia is diverse, and for many aborigines the issues of self-government are not vital. Their cultural rights and interests could be given effect within the framework of current law. This possibility is considered in relation to the small indigenous groups in the Khanty-Mansi Autonomous Okrug. The discussion considers the four draft federal laws to regulate aspects of the life of indigenous peoples in the North: On the Legal Status of Small-Numbered Indigenous Peoples of the Russian North, On Reindeer Farming, On General Principles of Organizing Communes of Small-Numbered Indigenous Peoples of the North, Siberia and Far East, and On the Territories of Traditional Nature Use. In the Khanty-Mansi Autonomous Okrug the local self-government unit recognised by local legislation is the Commune. While some communes have been established, they are encountering difficulties because of local opposition and national policies. Insufficient research has been done to gain them sufficient attention.

Book Review Essay: Some Recent English Language Sources for Current Russian Legislation

Book Review Essay: Some Recent English Language Sources for Current Russian Legislation